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There's a clever lawyer getting extremely rich
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| Trance Nutter |
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Hurricane Katrina victims to sue greenhouse gas emitters
VICTIMS of Hurricane Katrina from Mississippi are seeking to sue carbon gas-emitting multinationals for helping fuel global warming and boosting the devastating 2005 storm, legal documents showed.
The class action suit brought by residents from southern Mississippi, which was ravaged by hurricane-force winds and driving rains, was first filed just weeks after the August 2005 storm hit.
"The plaintiffs allege that defendants' operation of energy, fossil fuels, and chemical industries in the United States caused the emission of greenhouse gasses that contributed to global warming," say the documents, seen by AFP.
The increase in global surface air and water temperatures "in turn caused a rise in sea levels and added to the ferocity of Hurricane Katrina, which combined to destroy the plaintiffs' private property, as well as public property useful to them".
More than 1200 people died in Hurricane Katrina, which lashed the area, swamping New Orleans in Louisiana when levees gave way under the weight of the waves.
The suit, claiming compensation and punitive damages from multinational companies including Shell, ExxonMobile, BP and Chevron, has already passed several key legal hurdles, after initially being knocked back by the lowest court.
Three federal appeals court judges decided in October 2009 that the case could be heard. But in February the same court decided to re-examine whether it could be heard this time with nine judges.
Other companies named in the suit include Honeywell and American Electric Power, with the residents charging that "the defendants' greenhouse gas emissions caused saltwater, debris, sediment, hazardous substances, and other materials to enter, remain on, and damage plaintiffs' property".
They allege that companies had a duty to "avoid unreasonably endangering the environment, public health, public and private property".
The district court, which initially rejected the case, ruled that it was "a debate which simply has no place in the court".
The court argued that Congress first had to enact legislation "which sets appropriate standards by which this court can measure conduct".
Mississippi residents must now wait for the appeals court to fix a new hearing, in principle within the next three months.
A decision would then be due by the end of 2010, and both sides could also then take the case to the Supreme Court. |
http://www.adelaidenow.com.au/news/...l-1225837005620
Don't you wish you'd thought of that? |
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| FuzzQi |
I reckon by the year 2100 lawsuits for everything will have been made, except for things that don't exist yet. Or something.
If I'm wrong, there will at least be a fan page for every possible human behaviour on Facebook - if that even exists then. |
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| leph555 |
| quote: | Originally posted by FuzzQi
If I'm wrong, there will at least be a fan page for every possible human behaviour on Facebook - if that even exists then. |
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| tubularbills |
| God dammit i ing hate people |
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| Sunsnail |
| It's very interesting. I didn't think anyone would have the audacity to blame a company for a hurricane |
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| adolph3560 |
do the help..
:)
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PC TV |
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| Capitalizt |
| Can I sue God? I bet that bitch has a ton of money.. |
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| Banora |
:wtf: :stongue:
Brilliant. |
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| ChemEnhanced |
| quote: | Originally posted by Capitalizt
Can I sue God? I bet that bitch has a ton of money.. |
Actually, you would sue the Vatican as they are God's representative on Earth.
Moral Hazard was going to attempt subrogating against the Vatican but his employer was too chicken to allow him. |
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| Arbiter |
I think that news article is a little confused.
The fifth circuit just granted the energy companies' motion for a rehearing en banc on their motion to dismiss (i.e. they want to reconsider their earlier decision that the suit had enough merit to even proceed past this preliminary stage...) There's a good chance they'll rule in favor of the defendants on rehearing and the case will be dismissed. The Supreme Court would almost certainly deny cert, so if they lose here it's over. But even if they win, they still have to prove that they have standing, plus all the elements of their claim.
Realistically, the suit is going nowhere, and I think it's safe to say that the Katrina victims aren't paying out giant legal fees. This is basically a lottery ticket for their lawyers: they have a very low probability of getting much of anything, but if they do it would be a lot. The only people really getting enriched are the lawyers for the oil companies. |
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| Mr.Mystery |
| quote: | Originally posted by Capitalizt
Can I sue God? I bet that bitch has a ton of money.. |
I'm pretty sure that's been attempted already. |
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| bas |
| quote: | Originally posted by FuzzQi
If I'm wrong, there will at least be a fan page for every possible human behaviour on Facebook - if that even exists then. |
And Rose will be a fan of every one of them. |
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